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Week 69 - Wednesday - 21 March 2001

NEDARIM: CHAPTER 4: MISHNAH 6

If one is prohibited by vow from deriving benefit from his fellow, he may not lend him and he may not borrow from him, he may not loan him money and he may not borrow money from him, he may not sell to him and he may not purchase from him. If he said to him, "Lend me your cow." He said to him, "It is not available." He said, "Konam my field if I ever plow with it" -- if he is accustomed to plow, he is prohibited, but other people are permitted; if he is not accustomed to plow, he and other people are prohibited.

Kehati

This mishnah continues to teach concerning one who is prohibited by a vow from deriving benefit from his fellow, what is prohibited to him in his business dealings with him.

If one -- A -- is prohibited by vow from deriving benefit from his fellow -- B, he may not lend him and he may not borrow from him -- A is prohibited from borrowing utensils from B, for he is prohibited from deriving any benefit from him; A is similarly prohibited even from lending utensils to B, as a preventive measure so that he will not borrow from B.

He may not loan him money and he may not borrow from him -- A is prohibited from borrowing money from B, for this is benefit which is prohibited to him; he is similarly prohibited from loaning money to B, as a preventive measure so that he will not borrow from him.

He may not sell to him and he may not purchase from him -- A is prohibited from selling anything to B and from purchasing anything from him, and even selling him an object for less than its worth is forbidden, as a preventive measure lest he also purchase form him cheaply, thereby deriving benefit which is prohibited to him.

This next law does not refer to one prohibited by a vow or one prohibiting with a vow; the mishnah cites a new law, prompted by the subject of borrowing mentioned in the first section of the mishnah:

If he said to him -- to his fellow, "Lend me your cow" -- and -- He -- his fellow, said to him, "It is not available" -- he could not lend him his cow, because it was engaged in work,

He said, "Konam my field if I ever plow with it" -- he becomes angry with his fellow for refusing to lend him is cow, and took a vow that he would never plow his field with his fellow's cow; and afterwards his fellow loaned him his cow, if he -- the borrower -- is accustomed to plow -- his field by himself, and not by others, he is prohibited -- from plowing his field with this cow, but other people -- e.g., his bondsmen or his acquaintances, are permitted -- to plow his field with this cow, since he intended in his vow only that he himself would not plow, as is his custom; if he is not accustomed to plow -- by himself, but rather by employees, both -- he and other people are prohibited -- from plowing his field with his fellow's cow; since he is not accustomed to plow, we say that his intent in his vow was that neither he nor others would plow his field with it.

NEDARIM: CHAPTER 4: MISHNAH 7

If one is prohibited by vow from deriving benefit from his fellow, and he has nothing to eat, he may go to the shopkeeper, and say, "So-and-so is prevented by vow from deriving benefit from me, and I do not know what I shall do." He may give him, and comes and takes from this one. If he had to build his house, to put up his wall, to reap his field, he may go to the workmen, and say, "So-and-so is prevented by vow from deriving benefit from me, and I do not know what I shall do." They may work with him, and they take their wages from this one.

Kehati

In mishnah 2 in this chapter, above, we learned that if one is prohibited by a vow from deriving benefit from his fellow, his fellow may contribute his shekel, and may repay his debt, and this does not constitute benefit for the one prohibited by a vow, as was explained there. This mishnah adds that even from the outset one prevented by a vow from providing benefit may hint to a shopkeeper or to workmen that he is willing to repay the debts of the one prohibited by a vow from deriving benefit, as is explained in the mishnah, provided that the one prevented by a vow from providing benefit does not say this with wording implying that he is making them his agents.

If one -- A -- is prohibited by vow from deriving benefit from his fellow -- B, and he -- A, has nothing to eat -- and B wants to provide him with food, he -- B,

May go to the shopkeeper, and say, "So-and-so -- A, is prevented by vow from deriving benefit from me, and I do not know what I shall do -- that he shall have food." He -- the shopkeeper,

May give -- food to -- him -- A, and comes and takes -- the money for the food, from this one -- B; and A may derive benefit from this food, for the shopkeeper is not B's agent, since B did not say to him, "Give food to A and I will pay you"; nor can the shopkeeper compel B to pay him, only if B so desires he pays him, as it was taught above, in mishnah 2, that B is permitted to pay A's debts, and this does not constitute prohibited benefit.

It is permitted to do this, not only for food related purposes, but even for building his house etc., as the mishnah teaches: If he -- A --

Had to build his house, or -- to put up his wall, or -- to reap his field -- and he does not have money to pay the workmen, he -- B -- may go to the workmen, and say, "So-and-so -- A -- is prevented by vow from deriving benefit from me, and I do not know what I shall do -- so that he shall build his house, or put up his wall, or reap his field." They -- the workmen,

May work with him -- A, i.e., they do the necessary work, and they take their wages from this one -- B, and A does not thereby violate his vow, as was explained above regarding food.

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